A REVIEW OF THE INDUSTRIAL COURT’S APPROACH TO UNJUST DISMISSAL CLAIMS IN MALAYSIA, IN RESPECT OF PREGNANCY AND MATERNITY ISSUES AT THE WORKPLACE
by DR JASHPAL KAUR BHATT
Currently, there is no protection in Malaysia against a termination or dismissal of an employee on the grounds of pregnancy, except under the Employment Act 1955 (‘EA’). The EA merely provides that an employer who terminates the services of an employee who is on maternity leave, commits an offence under it. As a result of this, an employer can terminate the services of a pregnant employee, with the knowledge that although it is an offence under the EA, it or they would only be subject to the payment of a fine.